Colorado state law provides that victims of crime may enforce compliance with the provisions of the Constitutional Amendment
by contacting the Crime Victim Services Advisory Board (Board).
What to do if you feel your rights have not been provided to you:
If possible, first attempt to seek compliance at the local level. This may include, but is not limited to:
• Contacting the person whom you feel has not provided you with your rights and explaining specifically what has not been
done;
• Seeking assistance from your victim advocate, or other supportive persons such as a counselor; and
• Seeking assistance from the elected official or the head of the agency you feel is not providing you with your rights.
Contacts may be verbal or in writing. Accurate records of your efforts to seek compliance at the local level will be helpful
to you and to the Crime Victim Services Advisory Board (Board) should you decide to file a formal request for compliance with
the Victim Rights Act.
If you feel you are unable to address your concerns at the local level or your efforts to resolve your concerns have been
unsuccessful, you may request assistance from the Crime Victim Services Advisory Board (Board) by contacting the Victim Rights
Act Specialist at:
Colorado Department of Public Safety
Division of Criminal Justice
700 Kipling Street, Suite 1000
Denver, CO 80215-5865
(303) 239-5719
1-888-282-1080 Toll Free (outside the Denver Metro area)
The Crime Victim Services Advisory Board
The Crime Victim Services Advisory Board (Board) is a seventeen-member committee appointed by the Executive Director of the
Department of Public Safety. The Board has statewide representation and its members include representatives from law enforcement
and district attorneys* offices, as well as legislators, victims of crime and members of the community.
The Board is mandated to review any reports of non-compliance with the Victim Rights Act and determine if there is a basis
in fact to the report.
The Board has designated a Victim Rights Act Subcommittee, which meets on a regular basis, to review all formal complaints
of non-compliance with the Victim Rights Act.
The Division of Criminal Justice (DCJ) provides staff assistance to the Board and the Victim Rights Act Subcommittee. Reports
of non-compliance are reviewed by the Division of Criminal Justice staff who attempt to resolve issues as early as possible
in the compliance process.
The staff at the Division of Criminal Justice will talk to you about your concerns regarding non-compliance with the Victim
Rights Act. Following that discussion, the staff will contact the agency identified in the complaint. It should be noted that
the vast majority of complaints are successfully resolved by DCJ at the local level through informal mediation and intervention.
Some complaints, however, cannot be resolved informally and proceed to the formal complaint process described on the following
page.
The Formal Complaint Process
- A copy of the complaint will be reviewed by DCJ staff and the Victim Rights Act (VRA) Subcommittee to determine if the complaint
is within the purview of the Victim Rights Act.
- DCJ staff and the VRA Subcommittee will review the complaint to determine whether the allegation(s) would rise to the level
of a violation of the VRA.
- If the complaint falls within the purview of the Victim Rights Act and the allegation(s) would rise to the level of a violation
of the VRA, a copy of the complaint and all the information accompanying that complaint will be sent to the identified agency(ies).
- DCJ staff and the VRA Subcommittee may also make an informal request for information of the identified agency(ies) to assist
in the determination of purview and whether the allegations in a complaint would rise to the level of a violation of the VRA.
In addition, DCJ staff and the VRA Subcommittee may make an informal request for information to determine whether the goal
of the VRA compliance has been met and/or whether the identified agency(ies) met its obligations as enumerated in the VRA.
- The agency’s response will be provided to the victim, who has an opportunity to provide any additional or clarifying information.
- All the information from both the complainant and the identified agency will be reviewed by the Victim Rights Act Subcommittee
to determine if there is a basis in fact for a Victim Rights Act violation.
7. If there is not a basis in fact, the case will be closed at that time.
- If there is a basis in fact, the Subcommittee will set forth requirements for the agency that is found to be in violation.
These requirements are designed to improve a current problem and to help prevent similar concerns within the system on behalf
of future victims.
- The victim will be kept informed of the outcome of the Subcommittee’s meetings and of the progress the agency makes in fulfilling
the requirements.
- Either party has a right to request a reconsideration of the findings of the Victim Rights Act Subcommittee. If the Subcommittee
does not grant a request for reconsideration, the party requesting the reconsideration may appeal the Subcommittee’s decision
to the Board.
- Either party may request an appeal to the Board of the Victim Rights Act Subcommittee’s reconsideration findings as to whether
or not there is a basis in fact that a victim’s rights were violated under the VRA.
- If an agency is unwilling to fulfill the requirements, the case will be referred to the Governor’s office. The Governor then
refers the case to the Colorado Attorney General to file a suit to enforce compliance with the Victim Rights Act
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